Am I going to be evicted?

If you’ve been asked to leave your rented property in England, try our interactive guide to eviction. We think it will help you to understand the eviction process and your own situation. If you answer a few short questions, the guide will let you work out what the next steps for you are likely to be.

Try our interactive guide to eviction now

If the guide finds there is a risk that you could be evicted soon, it tells you where to get more information and help.

 

- If someone's renting a property, and is worried about eviction, what options are available to them for gaining knowledge, and accessing advice?

- The obvious option would be a solicitor, someone that is qualified and has experience in this area of law. Their local housing department in the local authority, they will be able to give them information as to potential alternative housing stock, give them some advice on whether or not the notice that they've been served with is valid, maybe even contact the landlord on their behalf to query things, and you can get some support through your local authority, which can involve potentially finding alternative accommodation for you, if that's ultimately where it might end up.

But there can be really no replacement for obtaining legal advice.

What are my rights on eviction?

Landlords don't always have to give a reason for evicting their tenants. But in each case, they must follow certain rules.

Once the Renters' Right Bill becomes law, landlords will be required to provide a reason for evicting their tenants as the Bill proposes to abolish no-fault evictions.

It's a crime for a landlord to harass tenants or force them out of a property without following the right series of steps.

Harassment can be anything that makes tenants feel intimidated, unsafe or forces them to leave. It includes:

  1. turning off gas or electricity
  2. withholding keys
  3. refusing to carry out repairs
  4. deliberate anti-social behaviour by a landlord or someone on their behalf
  5. threats or physical violence.

A landlord can be guilty of illegal eviction if they:

  1. don't give the correct notice to leave the property
  2. change the locks
  3. evict without a court order.

Typically, in England, landlords can currently end a tenancy and evict tenants in two ways: with a Section 21 Notice or with a Section 8 Notice.

Section 21 Notices

To end a tenancy without giving a reason, a landlord can currently use a Section 21 Notice. As above, no-fault evictions are set to be abolished by the Renters’ Rights Bill.

A Section 21 Notice can't be used in all cases – it can only be used if the tenant has an assured shorthold tenancy, either where the fixed term has expired or where the tenancy is periodic tenancy (i.e. a tenancy with no specified end date).

There are certain circumstances where a landlord cannot use a Section 21 Notice to end a tenancy. You can find out more from Citizens Advice.

Section 8 Notices

Landlords use Section 8 Notices to evict tenants who are in breach of their tenancy agreement. For example, a Section 8 Notice can be used in these situations:

There are rent arrears.

The tenant has damaged the property.

The tenant is causing a nuisance to neighbours.

The amount of notice a tenant must get depends on the grounds of possession (the reasons the landlord gives for taking back the property). Normally, tenants get at least 14 days' notice.

If you are having trouble paying your rent or are about to go into arrears, talk to your landlord. You might be able to agree to pay lower rent for a while, although your landlord does not have to accept this.

Where can I get help?

If you are a tenant and have been threatened with eviction and need help finding somewhere else to live, you can contact your local council, Citizens Advice, Shelter or a Law Centre. They may be able to put you in touch with other organisations to help or advise you. It is important to seek help as soon as possible, to allow as much time as possible for these people to help you.

Fighting your case

If you think you should be allowed to stay in your home, you can fight your case. But challenging it might be expensive. Make sure you have a good case and get good advice. If you can’t afford to pay for legal advice, you could check whether you can get legal aid at GOV.UK

Bailiffs

If you don't leave the property by the date given in the court possession order, your landlord can apply for bailiffs to evict you.

Only court bailiffs can evict you from your home. They will be County Court bailiffs or High Court enforcement officers.

The bailiffs must give you at least seven days' notice before their first visit.

There are rules bailiffs must follow. This includes the times of day they can visit, and what happens if children are in the home when they visit.

They can only take your belongings to gather the debt. They can't take anything that belongs to someone else.

They can't take anything you need to live, such as a fridge or cooker.

It is important to check that any bailiffs are genuine and have the right paperwork when they arrive at your property.

Other sources of help

For help. visit Shelter or Citizens Advice, or find out more about your rights at GOV.UK.

More on evictions